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Legal Expert: Court Ruling on Presidential Age Limit is Final and Binding

Muhammad Fakhruddin
November 3, 2023 | 11:55 pm
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Two policemen stand guard in front of the Constitutional Court building in Central Jakarta, June 26, 2019. (Antara Photo)
Two policemen stand guard in front of the Constitutional Court building in Central Jakarta, June 26, 2019. (Antara Photo)

Jakarta. A legal expert said on Friday that the controversial Constitutional Court ruling, which amended the minimum age limit for presidential and vice-presidential candidates, cannot be challenged.

This ruling opened the door for the 36-year-old son of President Joko "Jokowi" Widodo to run as a vice-presidential candidate in the 2024 election, leading to legal challenges from various groups and individuals.

In response to these challenges, the court has established an ethics council to investigate the judges, particularly those who voted in favor of amending the age limit. However, legal expert Abdul Chair Ramadhan explained that the ethics council does not have the authority to reverse the ruling.

Abdul cited an article in the Constitution that stipulates that the Constitutional Court's verdict in interpreting potential conflicts between laws and the Constitution should be considered final and binding. 

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"And there is no legal basis for the ethics council to reverse a verdict by the Constitutional Court,” Abdul said.

Last month, the court modified an article in the 2017 general election law that previously required presidential or vice-presidential candidates to be at least 40 years old. The nine justices voted 5 to 4 to amend the article to state that candidates “must be at least 40 years old or have served or are serving in a public position through general elections, including regional government leader elections”.

Jokowi's son, Gibran Rakabuming Raka, became eligible to run as a vice-presidential candidate after being elected as the mayor of Solo several years ago, in accordance with the amendment. Shortly after the ruling, Gibran became the running mate of presidential candidate Prabowo Subianto.

The ruling raised controversy, in part because the Constitutional Court Chief Justice Anwar Usman, who voted for the amendment, is Gibran's uncle. 

However, the legal expert dismissed allegations of familial influence.

"It’s important to note that the ruling applies to all holders of elected public offices, not just specific regional leaders,” Abdul said.

He stressed that any effort to challenge the court's ruling would be futile because the Constitutional Court is the sole interpreter of the Constitution.

"You like it or not, the Constitutional Court ruling that allows Gibran to become the ticket mate of Prabowo is legitimate and lawful. Any attempt to challenge it, including inquiries by the House of Representatives, will change nothing,” Abdul said.

The ethics council, led by former Chief Justice Jimly Asshiddiqie, has interviewed all justices and examined evidence of potential misconduct related to the ruling. 

The council will announce its decision on November 7, just one day before the deadline for candidate substitutions.

Jimly revealed that most of the complaints received by the council were directed against Anwar Usman, who presided over the hearing last month.

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